THE CONSTITUTION OF THE UNITED STATES OF AMERICA

Amendment XII

The Electors shall meet in their respective states and vote by ballot for
President and Vice-President, one of whom, at least, shall not be an inhabitant
of the same state with themselves; they shall name in their ballots the person
voted for as President, and in distinct ballots the person voted for as
Vice-President, and they shall make distinct lists of all persons voted for as
President, and of all persons voted for as Vice-President, and of the number of
votes for each, which lists they shall sign and certify, and transmit sealed to
the seat of the government of the United States, directed to the President of
the Senate;—The President of the Senate shall, in the presence of the Senate and
House of Representatives, open all the certificates and the votes shall then be
counted;—The person having the greatest Number of votes for President, shall be
the President, if such number be a majority of the whole number of Electors
appointed; and if no person have such majority, then from the persons having the
highest numbers not exceeding three on the list of those voted for as President,
the House of Representatives shall choose immediately, by ballot, the President.
But in choosing the President, the votes shall be taken by states, the
representation from each state having one vote; a quorum for this purpose shall
consist of a member or members from two-thirds of the states, and a majority of
all the states shall be necessary to a choice. And if the House of
Representatives shall not choose a President whenever the right of choice shall
devolve upon them, before the fourth day of March next following, then the
Vice-President shall act as President, as in the case of the death or other
constitutional disability of the President—The person having the greatest
number of votes as Vice-President, shall be the Vice-President, if such number
be a majority of the whole number of Electors appointed, and if no person have a
majority, then from the two highest numbers on the list, the Senate shall choose
the Vice-President; a quorum for the purpose shall consist of two-thirds of the
whole number of Senators, and a majority of the whole number shall be necessary
to a choice. But no person constitutionally ineligible to the office of
President shall be eligible to that of Vice-President of the United States.